Home Canada B.C. SPCA $1.4M richer after court upholds will of deceased Vancouver woman

B.C. SPCA $1.4M richer after court upholds will of deceased Vancouver woman

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B.C. SPCA $1.4M richer after court upholds will of deceased Vancouver woman

The B.C. SPCA will receive the lion’s piece of an nearly $2 million property settlement after a B.C. Supreme Court justice found that a handwritten display cloak of murky provenance turned into as soon as no longer ample to override the steady will of a Vancouver woman who died nearly four years ago.

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People of Eleena Murray’s household argued this handwritten display cloak found in a lockbox with her will proved she intended that the B.C. SPCA handiest receive $100,000 of her nearly $2 million property. (B.C. Supreme Court)

The B.C. SPCA will receive the lion’s piece of an nearly $2 million property settlement after a B.C. Supreme Court justice found that a handwritten display cloak of murky provenance turned into as soon as no longer ample to override the steady will of a Vancouver woman who died nearly four years ago.

Eleena Violette Murray turned into as soon as 99 when she died Oct. 4, 2017.

Her will, written in 2013, bequeathed a total of $440,000 to 9 household. A niece, two grandnieces and one grandnephew were every given $60,000. One other 5 relatives were left $40,000 apiece. 

The handiest other celebration named within the legend, the B.C. SPCA, turned into as soon as left the residue of her property — the cash last after property were liquidated and expenses and distributions paid out.

In Murray’s case, the residue of property amounted to roughly $1.4 million for the B.C. SPCA after the sale of her Collingwood Aspect road home in Kitsilano for $1.9 million.

Closing year, a neighborhood of Murray’s relatives filed swimsuit alleging a handwritten display cloak with “SPCA” and “100,000” written beside it turned into as soon as proof she intended for the animal welfare company to receive the remarkable smaller amount of $100,000.

The display cloak moreover alleged to elevate how remarkable sure household would receive while deleting the inheritances of others.

Written on a piece of yellow notepad paper, the display cloak turned into as soon as found in a lockbox in Murray’s home alongside her will.

The tubby handwritten display cloak household brought forward as evidence that Murray intended to interchange her will. (B.C. Supreme Court)

In her 62-page decision, Justice Heather MacNaughton listed the many complications with the display cloak, including that it turned into as soon as with out a date and title and turned into as soon as unsigned and unwitnessed.

Marks made by various folks in various ink

Though there turned into as soon as no evidence disputing that the display cloak turned into as soon as essentially in Murray’s handwriting, MacNaughton moreover found that it “looks to occupy markings on it made by various folks as they are in various ink.”

“It is rarely any longer definite who crossed out some of the names on the display cloak,” she wrote. “It be moreover no longer definite who elevated the amount of the items from the quantities within the 2013 will.”

The choice moreover parts out that if the display cloak turned into as soon as, surely, steady, 75 per cent of the property would pause up with three nephews Murray had made abundantly definite she had no intention of leaving something to.  

“It be intelligent to envision how Ms. Murray could well well occupy had recordsdata and current of this consequence,” MacNaughton wrote.

In her decision, MacNaughton found that Murray turned into as soon as mindful of and current the residual bequest to the B.C. SPCA and that her will could well well no longer be rendered invalid by the handwritten display cloak. 

“The display cloak would not replicate Ms. Murray’s fastened and closing intention to interchange the 2013 will and is rarely any longer fully efficient as a codicil or alteration,” she said. 

In an entertaining twist, counsel for the B.C. SPCA suggested the court that the $40,000 gift place out within the display cloak for Murray’s friend John Basich would be honoured.

In step with court documents, Basich acted as Murray’s driver in her later years nonetheless did no longer appear in her 2013 will.

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B.C. SPCA $1.4M richer after court upholds will of deceased Vancouver woman